Overpayment, they say I have to prove the amount !!!

[Lady_Emma]

Hi Everyone –

 

I have over paid my post 1998 Scottish Student Loan (took out in 2003 and paid off in 2009/2010 year) and I am struggling to get my money back. I haven’t had an actual statement to tell me that I have paid off my loan and only received a vague letter about them “thinking” I might have over paid! I have now been told they know how much I have over paid but I have to PROVE it to them before I will receive payment as its over a grand?!?

 

I have a copy of most of my pay slips from the tax year where the loan was paid then over paid however I am missing some (I now file all pay slips with care!) but I do have my P60 from each year and also I have a official letter from my company stating my payments to SLC during the tax year in question – they wont accept this as proof as the statement from my company is not a month by month breakdown!

 

I am hoping that someone can advise me on where I stand legally – Surely I have some right to request a statement of the exact balance I over paid as up until then I received a yearly statement? I am considering getting legal advice but is here something I can do using the freedom of information act? There is no way they cannot have a record of my payments?!

 

I would really appreciate any advice on this mater,

 

Thanks in advance,

 

Emma

[maroondevo52]

Hello and Welcome, Emma.

 

I'd think sending them a Subject Access Request would give you all the info you need.

 

I've moved your post to start a new thread for you, please continue to post here regarding this issue.

 

Regards.

 

Scott.

[Lady_Emma]

thanks Scott - I will give this a try.

 

It seems ridiculous that I have to prove it to them - I do have the amount but just no in their request format.

I even got asked to fax in a copy of all my payslips and P60.... which I told them I didnt want to do as thats private information and I wasnt happy faxing that kind of information, I was bascially told that was the only way or to send them in the post ?!

 

Sorry for rant its just I have been getting pushed from pillar to post by them

[maroondevo52]

Hi,

 

Looks like this has been a massive problem over the years,The Student Loans Company (SLC) has overcharged graduates and ex-students by £15m, according to research published by consumer organisation Which?.

 

Following a freedom of information request, Which? found that on 31 March last year SLC had overcharged ex-students by £9m, but by 31 March this year that figure had reached £15m.

 

Around 57,000 ex-students are now waiting for refunds from SLC after the excess repayments were taken from their accounts, despite having paid off their loans in full.

 

Student loans are repaid through monthly PAYE instalments managed by HM Revenue & Customs. SLC should notify HMRC when a loan has been paid in full, but Which? said some students were still making repayments 11 months after the loan was repaid.

 

In September, the Observer warned that overpayment of student loans was an increasing problem. It found that thousands of ex-students were worried their student loan repayments were going missing following delays in HMRC passing payments made through PAYE to the SLC.

 

One former medical student discovered that his loan repayments were failing to appear on his loan statements. "In the last financial year I paid £3,000 through PAYE, but only £1,000 of that has appeared on my statement," he said. "It's outrageous if the SLC is earning money on the loan, and HMRC is making money out of my cash, too."

 

A spokeswoman for the SLC said delays in repayments appearing on statements is a well-known problem since the introduction in 1999 of income contingent loans, where the amount repaid is based on a borrower's subsequent income. "The way repayments are collected via PAYE – with employers passing on contributions to HMRC and HMRC passing them to us at the end of the tax year – means statements are only accurate to the end of April of the previous tax year," the spokeswoman said.

 

"This means we are not in a position to give an accurate current reflection of a graduate's repayments. For this reason we advise borrowers to keep their P60 forms and payslips so they can monitor how much they have paid."

 

The SLC's own literature states: "Unless you keep an eye on your repayments … you will probably overpay."

 

A spokesman for the National Union of Students told the Observer he was aware of concerns over the delay in payments appearing on borrowers' statements. "We also hear concerns regarding overpayment because of delays in passing on information. You can get the money back, but it's not good."

 

Which? said the problem is exacerbated by a long and complicated reimbursement process. One ex-student had to wait more than six months for his excess repayments to be refunded, and even then it was two months short.

 

I did read one guy had to send his P60 and three payslips before they would refund him.

[MARTIN3030]

A subject access request should get you what you need.

Personally,I would be seeking the £10 to be refunded too should you need to go to these lengths.

[maroondevo52]

Emma,

 

You could use this letter....................

 

Your full address

 

The date

 

Dear Sir or Madam

 

(Your full name and address and any other details to help identify you and the information you want.)

 

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to (give details of the information you want). (Please would you also tell me the logic involved in any automated decisions you have made about me.)

 

 

 

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer or another appropriate officer.

 

Yours faithfully

 

Signature

 

It is best to send your request by recorded delivery with a Postal Order for £10, and keep a copy of the request and all other correspondence. This will be important as evidence if you need to complain that the organisation has not given you the information you think you are entitled to.

 

 

The organisation has to reply promptly, and at the most within 40 days, starting from the day they receive both the fee and the information they need to identify you and the information you need.

[MARTIN3030]

The address for a SAR is;

 

Shareen Gault Legal&Compliance Manager, 100, Bothwell Street, GLASGOW, G2 7JD

[Lady_Emma]

Thanks for the help guys - I send the SAR on Saturday FAO of the Data Protection Office or equivlant so should make it to the right person. I has been send recorded delivery and will arrive by 1pm today and I will be counting down the 40 days!

 

"The way repayments are collected via PAYE – with employers passing on contributions to HMRC and HMRC passing them to us at the end of the tax year – means statements are only accurate to the end of April of the previous tax year," the spokeswoman said.

 

That quote above makes my issue even worse - the year I overpaid was 2009/2010 so since I have my P60 from that then the SLC will then have had my contributions from that year already passed on to them yet they are denying that they have! This non-sense with them has been going on with them for the last year almost! I never recieved a statement from that year either.

 

If I have issues with getting my SAR dealt with is the best option getting a lawyer involved? Also is there a goverment body that I can complain to?